OklahomaHorses Magazine January 2021

28 OklahomaHorses • January/February 2021 Private Use Livestock (Horse) Trailers: requirement for an identification number WRITTEN BY: Mary Westman, Esq. I often hear that in Oklahoma horse trailers do not need to be titled or registered with a license plate. This belief is correct for private use horse trailers; i however, an identification number is required . Oklahoma law states “[i]t shall be unlawful to operate any trailer, not oth- erwise required to be licensed by law, which is used for the hauling of livestock upon the roads or highways of the State of Oklahoma unless that trailer bears an identifying number.” Okla. Stat. tit. 2, § 6-303. The statute goes on to delegate to the De- partment of Agriculture the authority to create rules surrounding this identification number requirement. Id. Is it possible to register a personal use horse trailer and get a license plate? Yes, but the Motor Vehicle Division of the Okla- homa Tax Commission advises a notarized bill of sale will be required to establish ownership. It is also important to note this is not a “title” but rather a registration only. See Oklahoma Tax Commission “Personal Use (noncommercial) & Agricultural Trailers” advisory dated Dec. 1, 2015. So, how is identification number defined, and where do you put it? The Oklahoma Department of Agriculture rules and regulations outline what constitutes the identi- fication number and where it is to be affixed on the back of the trailer. 1 ST , horse trailers owned by private individ- uals with an Oklahoma driver’s license must be identified by that individual’s driver’s license number. If the trailer is sold, the new private owner has 30 days to affix his or her driver’s license number to the back of the trailer. See Oklahoma Department of Agriculture Regula- tions – OAC 35:15-7-3. 2 ND , if the owner has no valid Oklahoma driver’s license, then a valid Oklahoma driv- er’s license number of a member of the owner’s immediate family “or an identification number issued by the Oklahoma Department of Public Safety in lieu of a driver’s license number” must be used. Id. 3 RD , a trailer owned by an out-of-state indi- vidual must be “identified by a valid Okla- homa driver’s license of the person in charge of said trailer in Oklahoma, or an identification number issued to owner of trailer by the Okla- homa Department of Public Safety in lieu of an Oklahoma driver’s license number.” Id. 4 TH , a trailer “owned by a corporation, school, nonprofit organization, partnership, association or other ownership entity; [must] be identified by a valid Oklahoma driver’s license number of one of the principals, manager, or [an] individual in charge of said trailer, or an identification number issued by the Oklahoma Department of Public Safety in lieu of an Okla- homa driver’s license number.” Id. If one is applying for an identification number in lieu of an Oklahoma driver’s license number, such requests are made in writing to the Director of Vehicle Inspection, Department of Public Safety, P.O. Box 11415, Oklahoma City, OK 73111. Once the determination has been made as to the proper identification number to be used, how big must it be and where must it be placed? According to the Oklahoma Department of Agriculture, the identification number must be painted or otherwise affixed to the “rear of the trailer, left of center… not less than 36 inches from ground level nor more than 72 inches from ground level.” Id. The characters must be no less than “two inches in height and placed horizontally, from left to right, on the left rear of the trailer.” Id. Lastly, the “numbers must be of a color that contrasts sharply with the color of the trailer or the part of the trailer on which the number is placed.” Id. While personal use horse trailers may be exempt from titling and registering, they are still subject to the above identification law and regulations. Furthermore, failure to comply with the identification requirement constitutes a misdemeanor and is subject to a fine. Moreover, “[a]ny person who alters a vehicle identifying number in violation of this law, or regulations …, shall [also] be guilty of a misdemeanor.” Id. Additionally, the Oklahoma Tax Commis- sion advises Oklahoma citizens hauling trailers through other states “to contact the state you will be traveling in for their requirements of out-of-state trailers, or download a copy of our Noncommercial Trailer Letter, which outlines Oklahoma requirements.” See ok.gov/tax/ Individuals/Motor_Vehicle/Tag,_Tax,_Title_&_ Fees/Registration/Trailer_Registration.html. Lastly, citizens of other states hauling through Oklahoma must be in compliance with the laws of their home state and are exempt from the above Oklahoma law, rules and regulations. This article does not constitute legal advice and is intended to be used for educational purposes only. ABOUT THE AUTHOR Mary Westman is an Oklahoma attorney with an MBA, Morgan horse breeder and registered nurse. A native of West Virginia, she now lives with her husband, David, in Norman, Oklaho- ma. She can be contacted at mary@marywest- manlaw.com. © Mary Westman 2020. All Rights Reserved. i Private use means the trailer is not being used for commercial purposes and/or is not otherwise required to be titled and registered. This article does not apply to commercial livestock haulers or other commercial trailers governed by Title 47 of the Oklahoma statutes. LEGAL COLUMN